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Articles by Lea Speed
USPTO Director Denies IPR Institution After District Court Validity Loss, Emphasizing AIA Reviews Are Not a "Second Bite at the Apple"
The Director of the United States Patent and Trademark Office issued a precedential ruling on May 14, 2026, denying institution of inter partes review (IPR) in Magnolia Medical Technologies, Inc. v. Kurin, Inc., IPR2026-00097, involving U.S. Patent No. 12,138,052 B1.
Stop It Before It Starts: Patent Owners Can Now Challenge Reexamination Requests at the Gate
The U.S. Patent and Trademark Office (USPTO) announced a significant procedural change to the ex parte reexamination process on April 1, 2026. For the first time, patent owners will have a formal opportunity to submit a pre-order paper rebutting a third-party requester's assertion that a reexamination request raises a substantial new question of patentability (SNQ) before the USPTO decides whether to order reexamination.
Insights from Month One of Acting Director Stewart's Decisions on Discretionary Denial under the New Interim Processes for PTAB Workload Management | JD Supra
Just three months ago, Acting Director of the U.S. Patent and Trademark Office (USPTO) Coke Morgan Stewart rescinded existing guidelines governing the Patent Trial and Appeal Board's (PTAB) discretion to deny petitions for inter partes review (IPR) and post-grant review (PGR) when parallel litigation is already pending in federal district court or the U.S. International Trade Commission (ITC).
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